HomeMy WebLinkAboutZoning - Property located at Apprpximately 153 feet east of the Prairie Ave and Locust Rd Intersections ORDINANCE No. 8129-90
Passed by the Common Council of the City of South Bend,Indiana
October 8, rq 90
Attest: - ��� -�-• Cit y Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
October 9, 90
19
City Clerk
IRENE K. GAMMON
Approved and signed by me ) l j I 9 q 0
Mayor
alry
ORDINANCE NO. AtaQ-Qo
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE
AVENUE AND LOCUST ROAD INTERSECTION ON THE SOUTH SIDE
OF PRAIRIE AVENUE
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION 1 : Ordinance No. 4990-68 , as amended, which
ordinance is commonly known as the Zoning Ordinance of the City of
South Bend, Indiana be and the same hereby is amended in order that
the zoning classification of the following described real estate in
the City of South Bend, St . Joseph County, :'State of Indiana:
A parcel of land being part of the West half of the Northeast
quarter of Section 22 , Township 37 , North, Range 2 East , Portage
Township, City of South Bend, Indiana described as follows :
Commencing at the Northwest corner of said quarter Section;
thence North 89-35 ' 35" East (bearing assumed) along the North 'line
of said quarter Section, a distance of 633 .99 feet ; thence South
0-24' 25" East, a distance of 40 .00 feet to the Northwest corner of
Luan' s Replat of Peak' s First Addition and being the point of
beginning for this description; thence North 89-35 ' 35" East along
the North line of Lot G of Luan ' s Replat of Peak' s First Addition
to the Northeast corner of Lot G, a distance of 93 . 01 feet; thence
South 0-16 ' 29" West, a distance of 174 . 72 feet; thence
South 61-29 ' 27" West, a distance of 654 .80 feet ; thence North
0-00 ' 48" West , a distance of 225 . 00 feet to the South right-of-way
line of Prairie Avenue; thence North 61-29 ' 27" East along said
South right-of-way line a distance of 548 .07 feet to the point
of beginning of this description containing 2 .97 acres more or
less .
be and the same is hereby established. as "C" Commercial, "A"
Height and Area.
SECTION II ; This ordinance shall be in full force and
effect from and after its passage by the Common Council, approval
by the mayor, and legal publication.
/GC.-.
Member of the Com ' Coun."
I READING ri' 90
PU L;C HEARING /t 4 - 5' o
•
Date Filed Application No.
Date received by the Area Plan Commision
I, (we) the undersigned make application and petition the
Commom Council of the City of South Bend, Indiana to amend the
zoning ordinance as herein requested.
1 ) The property sought to be rezoned is located at : approximately
153 feet east of the Prairie Avenue and Locust Road intersection on
the South side of Prairie Avenue
2) Name and address of property owner( s ) of the petition site:
Name : Chaang Huei & Sarah Luan
Full address and phone number: 54777 Luan Dr. , Osceola, In. 46561
( 219 ) 256-7169
3) Name and address of contingent purchaser( s ) , if applicable:
Name:
Full address and phone number:
4 ) It is desired and requested that this property be rezoned
from Residential & Commercial
to "C" Commercial, "A" Height & Area
5) This rezoning is requested to allow the following use( s ) :
to allow for a small shopping area to be constructed.
6) Attached is a copy of a) legal description for a Parcel, b)
a list of names and address of property owner within 300 feet
of petition property; c) five ( 5 ) site plans; and d) addressed
stamped envelopes for all property owners within 300 feet of the
petitioned property.
7 ) By signing this petition, I and my contingent purchaser
understand that if the Council approves this petition to be
rezoned, it may be approved subject to the submittal of a final
site plan. A final site plan must be submitted to the Area
Plan Commision within one ( 1 ) year of the Council' s action.
Failure to submit a final site plan within that time period,
causes the rezonin:g. of that petitioned property to revert to
the initial zoning class-ification . Time extensions on .e
submittal of the final site plan may be requested.
•
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Cha:i g- ffue 'P Luan
AOOP
�. •
ara Luan
PETITION PREPARED BY:
Lang, Feeney & Associates , Inc.
715 S. Michigan Street
South Bend, Indiana 46618
Ph. ( 219 ) 233-1841
Ellen Brown Lawrence K. & Lowell ,W. Mann
"Syndicate Company Corp 1022 So. 34th St . ,
Sbuth Bend, Indiana South Bend, Indiana 46615
James T. & Ellen M. Brown Emil.. & Eugenia Schultz
2322 So. Olive St . , 2221 So. Carlisle St . ,
South Bend, Indiana 46614 South Bend, Indiana 46613
Charles & Wilma Nagy, Jr.. William J . & Norma Conboy
Steven M. Gyori 2220 Highland Boulevard
15219 Kerlin Dr. , South Bend, Indiana 46613
Granger, Indiana 46530
Guy T. Stroud Stephen & Mary P. Bernath
18235 Chipstead Dr. , 2102 Prairie Ave. ,
South Bend, Indiana 46637 South Bend, Indiana 46613
Ronald Johnson Sylvester Gerschoffer
2335-2337 Prairie Ave . , 2101 Prairie Ave. ,
South Bend, Indiana 46614 South Bend, Indiana 46613
Melvin & Joanne McCallum Michael Spillman
26801 Jackson Road 2105 Prairie Ave. ,
South Bend, Indiana 46619 South Bend, Indiana 46613
Elmer & Margaret Boocher Mrs . Helen V. Horvath
20972 W. Roosevelt Rd. , 2109 Prairie Ave. ,
South Bend, Indiana 46615 South Bend, Indiana 46613
Steve & Emma Leopold
$ Eugene & Doris Hancz
25595 Kern Road
South Bend, Indiana 46614
Tibor & Margaret Folding
2205 Gertrude St . ,
South Bend, Indiana 46613
George P. Radman
2413 Prairie Ave . ,
South Bend, Indiana 46614
James T. Brown
2313 So. Olive St . ,
South Bend, Indiana 46614
Calvert Rod & Gun Club
2203 W. Ewing Ave . ,
South Bend, Indiana 46613
Christopher P. Kohler
2219 W. Ewing
South Bend, Indiana 46613
AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
September 19, 1990
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Chaang Huei and Sarah Luan
to zone from "A" Residential and "C" Commercial , "A" Height and Area to "C"
Commercial , "A" Height and Area, property located on the south side of Prairie.
Avenue, approximately 153 feet east of the Prairie Avenue/Locust Road
intersection, City of South Bend, as tabled - APC #1354-90
Dear Council Members:
The above referenced ordinance and site development plan of Chaang Huei and
Sarah Luan was legally advertised August 9, 1990 and August 11, 1990. The Area
Plan Commission at its public hearing on September 18, 1990, took the following
action:
Upon a motion by Joseph Serge, being seconded by Harold Means and unanimously
carried, the proposed ordinance and site development plan of Chaang Huei and
Sarah Luan to zone from "A" Residential and "C" Commercial, "A" Height and Area
to "C" Commercial, "A" Height and Area, property located on the south side of
Prairie Avenue, approximately 153 feet east of the Prairie Avenue/Locust Road
intersection, City of South Bend, as tabled is sent to the Common Council with a
-.ecommendation, subject to a site development plan. This is one of
two parcels which were rezoned in January of this year as part of a joint
commercial/residential development project. The current petition adds a small
area to the commercially zoned parcel in order to provide sufficient parking
spaces for the proposed retail center. In the Commission's opinion, this
expansion of the commercial area would not have a detrimental effect on the
surrounding area.
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of the public hearing, and will
be forwarded to you at a later date to be made a part of this report.
Attached, for your consideration in the review of this matter, is a copy of the
Area Plan Commission's Staff Report.
Sincerely,
Richard S. ohnson Office
RSJ:sr
SF_P } 9 1990
Attachment CLERK,S0 •E '
CC: Chaang Huei and Sarah Luan
CC: Lang, Feeney & Associates, WY
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
r
STAFF REPORT August 13, 1990
Chaanq Huei and Sarah Luan 1354-90
Location: on the south side
of Prairie Avenue,
approximately 153 feet east
of the Prairie Avenue/Locust
Road intersection
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential and "C" Commercial , "A"
Height and Area to "C" Commercial , "A" Height
and Area to allow construction of a small
shopping area.
EXISTING LAND USE: The property contains a vacant wooded lot .
SURROUNDING LAND USE AND ZONING: Located to the north across Prairie Avenue is
a single-family dwelling and a city fire
station zoned "C" Commercial , and a rod and
gun club zoned "A" Residential ; to the east is
vacant land and a single-family home zoned "A"
Residential ; to the south is vacant land zoned
"A" Residential ; to the southwest is a
single-family home zoned "A" Residential; and
to the west is a gas station/convenience store
zoned "C" Commercial .
ACCESS: Access to the site is from Prairie Avenue.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 2.9 acres. Of
that , the buildings will occupy 22,075 square
feet , or 17.5 percent of the site; the parking
and drives will occupy 1 .7 acres or 58 percent
of the site; and 30,928 square feet or 24.5
percent of the site will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, wetlands, flood or environmental
hazard areas are present .
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer did not have any comments:
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REZONING FROM: "A" RESIDENTIAL , "A" HEIGHT AND AREA AND "C" COMMERCIAL, "A" HEIGHT AND AREA
TO: "C" COMMERCIAL , "A" HEIGHT AND AREA
AP C #1354-90
PETITION AREA [;::, ,,,...-...•,,,_:.-,'.1
SOUTH BEND ZONING
"A" RESIDENTIAL I I
"B" RESIDENTIAL I 1 Z\
"C" COMMERCIAL
"D" LIGHT INDUSTRIAL I. I '
NORTH